Santhosh v. Sindhu
Case brief
What is this about?
The Kerala High Court dismissed an application to quash an FIR and complaint relating to Sections 498A and 406 IPC. The Court held that since the Magistrate framed charges and found a prima facie case, the petitioners must face trial.
What did the court decide?
None. Petition dismissed; petitioners to face trial.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929
Crl.MC.No. 124 of 2008()
- C.C. NO. 48/2007 of JUDICIAL FIRST CLASS MAGISTRATE COURT, MAVELIKKARA
PETITIONER:
- SANTHOSH, S/O.GOPALAKRISHNAN, S.S.BHAVAN, MATTAM THEKKUMURI, KANNAMANGALAM VILLAGE, ALAPPUZHA.
- PONNAMMA, W/O.GOPALAKRISHNAN, SS BHAVAN, MATTAM THEKKUMURI, KANNAMANGALAM VILLAGE, ALAPPUZHA.
- GOPALAKRISHNAN,
SS BHAVAN, MATTAM THEKKUMURI, KANNAMANGALAM VILLAGE, ALAPPUZHA.
Issues for consideration
2 issues framed by the court
Whether the High Court can quash the FIR and complaint when the Magistrate has framed charges and found a prima facie case.
Whether the petitioners should face trial as charges have been framed.
Parties & counsel
- petitioner
SANTHOSH, S/O.GOPALAKRISHNAN
- petitioner
PONNAMMA, W/O.GOPALAKRISHNAN
- petitioner
GOPALAKRISHNAN
- respondent
SINDHU, W/O.SANTHOSH
- respondent
STATE OF KERALA
Case details
As recorded by the court registry
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